PUBLIC PROSECUTOR Vs. M MURUGESAN

JUDGEMENT

(1.) The facts are not in controversy. MDF. 455 is a bus whose laden weight is 15,900 pounds. On 11-2-1954 the driver of the bus was one Doraiswami who had a license to drive only a light transport vehicle. The police took the view that MDF. 455 is a heavy transport vehicle and prosecuted Doraiswami under Section 3(1) of the Motor Vehicles Act for driving a heavy transport vehicle without proper authority in that behalf. Doraiswami was convicted and fined. Subsequently, the owner of the bus was proceeded against under Section 5 of the Motor Vehicles Act for permitting Doraiswami to drive that vehicle. The Stationary Sub-Magistrate, Chidambaram, acquitted the owner. He observed;

(2.) Section 2(9) of the Motor Vehicles Act defines a heavy transport in these terms: "'heavy transport vehicle" means a transport vehicle the registered axle weight of which exceeds 19600 pounds, avoirdupois, or the registered laden weight of which exceeds 14-100 pounds avoirdupois." It will be noticed that this definition proceeds solely on the basis of the weight of the vehicle. The definition of a light transport vehicle is given in Section 2(13) and runs as follows:

(3.) In my view, the conclusion of the learned Magistrate is right; this appeal is therefore dismissed.